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Creative Design Associates Inc (March 2013) • CITY OF RANCHO PALOS VERDES DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 4th day of March, 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Creative Design Associates, Inc. (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: City of Rancho Palos Verdes Accessibility Self-Evaluation and Transition Plan Consulting Services. 1.2 Description of Services CONSULTANT shall: provide consulting services for the City's Accessibility Self-Evaluation and Transition Plan as described in Exhibit "A" attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. Page 1 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services 4110 ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed Five Thousand ($5,000) for services as described in Article 1 in accordance with schedule of charges which is attached hereto as Exhibit"B" and incorporated herein by this reference. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on March 4, 2013 and shall terminate on December 30, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. Additionally, there shall be One (1) one year options to renew the Agreement with the mutual written consent of both parties. Page 2 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services f 0 • ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death, Page 3 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • • loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three(3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3)years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance,with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written Page 4 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full Page 5 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • 0 performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- Page 6 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services 11) • infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.). 6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a)CONSULTANT is Page 7 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services 1111 • licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold Page 8 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • 0 harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by Page 9 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or(b) on the third business day following deposit in the United States mail, postage prepaid,to the addresses listed below, or at such other address as one party may notify the other: To CITY: Responsible Person: Les M. Jones II, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Page 10 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services • RECEIVED City of Rancho Palos Verdes To CONSULTANT: MAR 2 2 2013 Responsible Person: III01441 .*Iiiii4.41,0.00E:1:1,1.100:11.1,1,10.11,0:1;1:,i:i.;:.:11vo,R11,,,1.1,i::::i,1:!, Address: �!�;""'' ► �.: � .:..`�.,..�_ _ ORKS DEPARTMENT IIRICAIllrlitiOV:040.06S+.110411Mt6•1437+14AMPIMMIlliggiglMiill=li!:,‘14P11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. 3 /`7/2 l3i‘-/\1 `I"SS�6J�firS Dated: � ("CONSULTANT") By: Printed Name: GU'1-14)kI U� Title: Vic-e: By: ,Ar Printed cme: ErtC Title: (P`r'e S^°(_x-t- Dated: 14- q- CITY OF RANCHO PALOS VERDES ("CITY") By: 1.;64,6-6(417 CITY MANAGER ATTEST: APPROVED AS TO FORM: ay: ( � - � By: City Clerk City Attorney Page 11 of 11 R6876-0001\1347704v1.doc Agreement for Design Professional Services 0 • Exhibit "A": Scope of Services Provide consulting services with respect to the City's Accessibility Self-Evaluation and Transition Plan. Services include providing technical accessibility information, ADA Training and Presentation of the City's ADA reports to City officials as requested by the City. Exhibit "A" R6876-0001\1347704v1.doc Agreement for Design Professional Services E chibit "B" • Schedule of Hourly Rates 0:[6261913-8141 F:[626]913-8142 c D/A4J:www.cda-arc.com Creative Design Associates,Inc. CREATIVE DESIGN 17528 E.Rowland St. ASSOCIATES City of industry,CA 91748 2013 SCHEDULE OF CHARGES FOR ARCHITECT, ENGINEERS AND CONSULTANTS PERSONNEL HOURLY RATES ARCHITECT rate ENGINEER rate Principal Architect$ 185 Principal Engineer$ 175 Associate Architect$ 185 Project Manager$ 145 Project Manager$ 130 Project/Senior Engineer$ 135 Project Designer$ 125 Engineer$ 125 Senior Designer$ 110 Designer$ 110 Senior Technical $ 100 CADD Operator$ 85 Intermediate Technical $ 85 Construction Administrator$ 115 Other Technical Staff$ 80 Word Processor/Clerical $ 70 Clerical Staff$ 70 Database Consultant$ 120 These rates apply to regular time and travel time in the continental United States.A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made to field personnel. Reimbursable expenses are in addition to personnel rates. Travel expenses to include, but not limited to hotel, lodging, meals, cost of travel (airline tickets or mileage costs at$0.565 per mile), car rental, etc. Such expenses to be reimbursed at cost by Client. • 0:[626]913-8161 T:twitter.com/ADAConsultant CD/A www.cda-arc.com Creative Design Associates,Inc. CREATIVE DESIGN 17528 E.Rowland St. ASSOCIATES City of Industry,CA 91748 Glenn Dea, AIA CASp Statement of Qualifications March 8, 2013 SUMMARY OF EXPERIENCE Mr.Dea is a licensed California architect and Vice President of Creative Design Associates,based in the City of Industry,CA.He has been employed in the architecture and construction industry for 22 years and has served in a variety of capacities including project architect,project manager,construction specifier,preservation consultant,and accessibility specialist.Over the last 11 years,his practice has focused on compliance with the Americans with Disabilities Act(ADA)and California accessibility standards,ADA Transition Plan services,and accessible design. From 2004-2011,Mr.Dea reviewed over$900 million of construction as a consultant access compliance plan reviewer to California's Division of the State Architect(DSA)—Los Angeles Basin Regional Office.In 2012,on behalf of CDA,Mr.Dea has been named for a new term as a DSA Access Consultant on retainer contract for DSA Access Plan Review.In 2008,Mr.Dea became one of California's first Certified Access Specialists(CASp),based on experience and testing criteria administered by the DSA. Mr.Dea's present work includes ADA consulting services on behalf of the Los Angeles Unified School District,the Riverside Community College District,and the County of San Bernardino—Department of Risk Management.He has provided technical assistance to attorneys and other clients to assist in the resolution of lawsuits,complaints,and claims related to State and Federal access laws. EDUCATION Bachelor of Architecture,California Polytechnic State University,San Luis Obispo,CA,1988 CERTIFICATIONS/AFFILIATIONS Licensed Architect,State of California,#26299 Certified Access Specialist CASp#023 ICC-Certified Accessibility Inspector/Plans Examiner,#1063102 State of California,Emergency Management Agency(Cal-EMA)Certified Safety Assessment Program Evaluator,#SAPV61774 TRAINING DSA Academy Access Plan Review Training,2004,2008&2012 National ADA Symposium,2008&2011 National Assoc.of ADA Coordinators(NAADAC)Conference—Accessibility Seminars,2009,2010&2012 RELEVANT EXPERIENCE Consulting Americans with Disabilities Act(ADA)Inspection.Review and Analysis Services-County of San Bernardino,CA From 2006 to 2012,in association with the firms TranSystems and BOA,Mr.Dea has provided ADA Inspection,Review and Analysis services for the County of San Bernardino—Department of Risk Management.Encompassing 20,160 square miles, San Bernardino County is the largest county in the continental United States,excluding Alaska.Mr.Dea has provided training to County staff on technical requirements of State and Federal accessibility laws,"on-call"technical assistance,and access compliance plan reviews for County projects under design.Under Mr.Dea's direction, assessment teams have completed access compliance surveys of County facilities, including administrative offices; municipal buildings;courthouses; assembly rooms,sheriffs facilities,fire stations;and related parking and site improvements.In 2013,on behalf of CDA,Mr.Dea is assisting the County on ADA/CBC code analysis assignments covering numerous County facilities. . 0 0 Expert Opinion and Analysis Experience related to Litigation (Partial List) Case name and description. Fackler v.Prado Family Shooting Range and County of San Bernardino,Superior Court of California,County of San Bernardino Case No.CIV RS 810843 Under Mr.Dea's direction,Mr.Dea's firm,BOA,provided its expertise to attorneys and other parties to assist in the resolution of an ADA complaint related to a shooting range facility.The complaint involved ADA Title II and Title Ill entities-BOA was the consultant retained by counsel to a defendant,the County of San Bernardino,to provide accessibility assessment and code research services. Start date of this assignment December 6,2010 End date of this assignment April,2011 Testified as an expert at trial?(Yes No or No) Testified as an expert by No deposition?(Yes or No) On Behalf of Defendant Role Expert Witness(designated to render an opinion before a trier of fact) Testimony Expert Report Name of Client/Owner contact. Geoffrey H.Hopper&Associates,A.P.C. Geoffrey H.Hopper,Attorney ghh@hopperlaw.com 909-798-9800 2 of 6 . 41111 Expert Opinion and Analysis Experience related to Litigation(Partial List)—cont'd Case name and description. Nesse)v.County of San Bernardino,USDC Central District of California Case No.CV-09-02104 DSF(FFMx) Under Mr.Dea's direction,Mr.Dea's firm,BOA,provided its expertise to attorneys and other parties to assist in the resolution of Nesse)v.County of San Bernardino-BOA was the consultant retained by counsel to the County of San Bernardino to provide accessibility assessment and code research services related to the Santa Ana River Trail,a multi-use recreational trail and bikeway corridor.Mr.Dea provided expert testimony by deposition on July 27,2010. Start date of this assignment August,2009 , End date of this assignment October,2010 Testified as an expert at trial?(Yes No or No) Testified as an expert by Yes deposition?(Yes or No) On Behalf of Defendant Role Expert Witness(designated to render an opinion before a trier of fact) Testimony Deposition Name of Client/Owner contact. DALEY&HEFT,LLP Richard J.Schneider,Partner RSchneider@Dalev-Heft.com (858)755-5666 Case name and description. Belinski v.City of San Bernardino,USDC Central District of California Case No.CV-08-8571 PSG(MANx) Under Mr.Dea's direction,Mr.Dea's firm,BOA,was retained to provide its expertise to attorneys and other parties to assist in the resolution of Belinski v.City of San Bernardino,et al,a matter related to selected public bus stops within the City of San Bernardino-BOA was the consultant retained by counsel to the City of San Bernardino to provide accessibility assessment and code research services. Start date of this assignment November,2009 End date of this assignment February,2010 Testified as an expert at trial?(Yes No or No) Testified as an expert by No deposition?(Yes or No) On Behalf of Defendant Role Expert Witness(designated to render an opinion before a trier of fact) Testimony Rule 26 Report Name of Client/Owner contact. ARIAS&LOCKWOOD,PLC James Brooks,Associate james.brooks@ariaslockwood.com (909)963-1502 3 of 6 Expert Opinion and Analysis Experience related to Litigation(Partial List)—cont'd Case name and description. Goldkorn et al v.County of San Bernardino,Superior Court of the State of California,County of San Bernardino,USDC Central District of California Case No.06-CV-00707VAP(OPx) Under Mr.Dea's direction,Mr.Dea's firm,BOA,provided its expertise to attorneys and other parties to assist in the resolution of Goldkorn et al v. County of San Bernardino,Superior Court of the State of California, County of San Bernardino,Case No.06-CV-00707VAP(OPx)-BOA was the consultant selected in 2006 by parties in this matter to conduct accessibility surveys of courthouse facilities throughout the County of San Bernardino.BOA and prime consultant TranSystems Corp.conducted these assessments from 2007 to 2011. Start date of this assignment 2007 End date of this assignment June,2012 Testified as an expert at trial?(Yes No or No) Testified as an expert by No deposition?(Yes or No) On Behalf of Defendant Role Expert Witness(designated to render an opinion before a trier of fact) Testimony Expert Report Name of Client/Owner contact. County of San Bernardino/Department of Risk Management Eileen Egland,Public Access ADA Coordinator eegland©rm.sbcounty.gov (909)386-8682 Knowledge of and Experience with California Title 24 Regulations and Americans with Disabilities Accessibility Guidelines(ADAAG) Mr.Dea is a licensed California architect and ICC-certified Accessibility Inspector/Plans Examiner. In 2008,Mr.Dea became one of California's first Certified Access Specialists(CASp),based on experience and testing criteria administered by the DSA. From 2004-2011,Mr.Dea reviewed over$900 million of construction as a consultant access compliance plan reviewer to California's Division of the State Architect(DSA)—Los Angeles Basin Region Office. Mr.Dea reviewed a wide range of facilities under DSA-LA's jurisdiction to ensure that construction drawings and specifications comply with accessibility standards based on the California Building Code(Title 24),the Americans with Disabilities Act Accessibility Guidelines,and DSA's Accessibility Plan Review Guidelines. Mr.Dea has provided numerous accessibility presentations,a partial list of those is included below. Accessibility Presentations(Partial List) SEGD(Society for Environmental Graphic Design),5 presentations(2009-2012) APWA(American Public Works Association),April 2009 Lend Lease(Los Angeles office),June 2011 Leo A Daly(Los Angeles office),2 presentations(2012) City of Anaheim,October 2012 ADA Self-Evaluations and Transition Plan Surveys Mr.Dea has managed comprehensive Self-Evaluations and Transition Plans services on behalf of state and local public agencies,including the following: City of Santa Maria,CA San Joaquin Delta College City of Rancho Palos Verdes,CA Cerritos College City of Vista,CA Compton College Riverside County Fairgrounds and National Date Festival, Los Angeles Community College District(4 campuses) Indio,CA State of CA,Department of Mental Health/Napa State Riverside Community College District(3 campuses) Hospital 4 of 6 0 111 Barrier Removal Design and Master Planning Experience(Partial List) Riverside Community College District—ADA Transition Plan and Implementation,Phase 1,Barrier Removal In association with prime consultant PSOMAS,CDA,under Mr.Dea's direction,is assisting RCCD to manage and update the ADA Transition Plan for three campuses(Riverside City College,Moreno Valley College,Norco College)within the Riverside Community College District and its administrative facilities. • Three campuses comprising approximately 389 acres with an enrollment of over 37,000 students. • Over 90 facilities comprising 1.2 million SF with multi-story classroom buildings,libraries,computer labs,softball fields, football stadium,fitness centers,and theater facilities. • CDA is providing construction phase services for the District's Phase I projects,which include barrier removals at 24 buildings on all 3 campuses and District administrative facilities,including three designated historic buildings at Riverside City College: 1.Alumni House,a 1916 Italian Renaissance Revival home;a City of Riverside Structure of Merit and a contributor to the Wood Streets Historic District(the District is eligible for National Register of Historic Places listing under Criteria A and C as an important example of the residential subdivisions and architecture in Riverside from 1910-1940.) 2.The Quadrangle,a classroom building built between 1924 and 2007,and located in RCC's upper campus area.The Quadrangle building,designed by local architect G.Stanley Wilson and built between 1924 and 1950,is a designated City of Riverside Landmark. 3.The Cutter Pool building located in RCC's lower campus area.Built in 1957 and designed by local architect Herman Rhunau,the building has been determined to be eligible for listing on the National Register of Historic Places. With Psomas'and CDA's technical assistance,barrier removal master plans are being implemented by RCCD,including,as of September 2010,authorization of$6.2 million dedicated specifically towards barrier removals. Americans with Disabilities Act(ADA)—Modified Consent Decree(MCD)—Project Groups A and B—Los Angeles Unified School District/Facilities Services Division,Facilities Contract Services Department(FCS) Commencing December,2011,the project consists of modifications to 81 existing school campuses in the Valley,Central,and South Regions of the Los Angeles Unified School District to satisfy the requirements of an ADA/Modified Consent Decree (ADA/MCD)requiring specific physical accessibility modifications to District schools. Project sites are comprised of single and multi-story school facilities encompassing grades K thru 12(primary centers, elementary,middle,and high schools);libraries;administrative offices;auditoriums;dining and kitchen facilities;gymnasiums; laboratories;and related site improvements. The project includes accessibility improvements in the public right-of-way(curb ramps,passenger loading zones)in association with these school sites. Under Mr.Dea's direction,CDA is providing CASp consultant services in support of an interdisciplinary Design-Build team led by S.J.Amoroso Construction Co.,Inc.,Leo A.Daly,and Cumming Corporation.Mr.Dea's team is providing design management services covering technical requirements of State and Federal accessibility laws,access compliance plan reviews,and construction observation services through all phases of design and construction. In support of this effort,Mr.Dea has managed access compliance plan reviews and field investigations in the public right-of-way,covering several municipal entities,including the City of Los Angeles,City of Bell,City of Cudahy,City of Huntington Park,City of Maywood,and City of South Gate. Napa State Hospital,ADA Facility Upgrade-DSA A#'s 02-105053(710212003)03-106761 (6/17/2003) Napa State Hospital is 150 acre facility for the mentally disabled and the criminally insane.Comprised of approximately 159 separate buildings,it is one of America's historic state hospitals,eligible for listing on the National and California Registers. Mr.Dea served as Architect of Record through all phases of design and construction.Construction of$1.9 million of accessibility improvements was completed for 6 buildings,including the 48,281 sq.ft.Administration Building(1950),the 27,621 sq.ft.B Ward/Former Acute Quiet Hospital,(1914),and the 226,270 sq.ft.Receiving and Treatment Building(1953). Site surveys,barrier removal planning,and modernization of these facilities involved unique challenges and opportunities: • Ensuring equal participation and access for all clients and other individuals; • Complying with applicable Federal and State accessibility standards, through the removal of architectural barriers, or through program-based alternatives; • Addressing safety and security for the mentally insane; • Preserving historic structures; • Coordinating approvals across numerous jurisdictions including DSA/ACS(Los Angeles and Sacramento regional offices), DSA/FLS,OSHPD,and CEQA/historic resources reviews; 5 of 6 0 0 • Keeping to a minimum disruptions to this multi-building hospital campus,which is in continuous operation; • Maintaining client privacy and confidentiality. • Commitment of major up-front time by the project team's senior management,close coordination and communication with all project participants(including regulatory authorities),and follow-thru to resolve open impact issues,were key to successfully completing this project. Historic Preservation and Accessibility Claremont Depot,City of Claremont,Claremont,CA* Rehabilitation of a 1927 National Register listed Santa Fe Train Depot into a Metrolink Commuter Train Station.In association with the firm Thirtieth Street Architects,Mr.Dea provided construction observation services for the depot building rehabilitation and managed subsequent tenant improvements for a"Transit Store"information center.Mr.Dea's work included frequent contact with the Southern California Regional Rail Authority and its consultants.The Depot opened for Metrolink service on December 1992.The Transit Store opened in July 1993. College House,Riverside City College,Riverside,CA* A 1929 French Revival home which is a designated City of Riverside Structure of Merit,and a contributor to the Prospect Place Historic District. Alumni House,Riverside City College,Riverside,CA* A 1916 Italian Renaissance Revival home;a City of Riverside Structure of Merit and a contributor to the Wood Streets Historic District(the District is eligible for National Register of Historic Places listing under Criteria A and C as an important example of the residential subdivisions and architecture in Riverside from 1910-1940.) A.G.Paul Quadrangle,Riverside City College,Riverside,CA* A classroom building built between 1924 and 2007,and located in RCC's upper campus area.The Quadrangle building, designed by local architect G.Stanley Wilson and built between 1924 and 1950,is a designated City of Riverside Landmark. The Cutter Pool Building,Riverside City College,Riverside,CA* Located in RCC's lower campus area and built in 1957 and designed by local architect Herman Rhunau,the building has been determined to be eligible for listing on the National Register of Historic Places. Additional Historic Preservation Hollywood Blvd.Facade Rehabilitation,City of LA/HERE Program,Los Angeles,CA Napa State Hospital,State of California,Napa,CA* Rancho Buena Vista Adobe,City of Vista,Vista,CA* Rolling M Ranch,Chino Hills State Park,Chino Hills,CA* San Bernardino Courthouse,County of San Bernardino,San Bernardino,CA* Trippet Ranch,Topanga State Park,Topanga Canyon,CA* *Denotes design or assessment experience with ADA Standards Sec.4.1.7—Accessible Buildings:Historic Preservation. 6 of 6 41 Ank TRAVELERS J One Tower Square, Hartford,Connecticut q d,Co sect cut 06183 RENEWAL CERTIFICATE COMMON POLICY DECLARATIONS POLICY NO.: 680-7676P45A-TIL-13 OFFICE PAC ISSUE DATE: 01-23-13 BUSINESS: ARCHITECTS INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: CREATIVE DESIGN ASSOCIATES, INC. 17528 E. ROWLAND STREET CITY OF INDUSTRY CA 91748 2. POLICY PERIOD: From 03-16-13 to 03-16-14 12:01 A.M. Standard Time at your mailing address. 3. LOCATIONS: PREM. BLDG. OCCUPANCY ADDRESS(same as Mailing Address NO. NO. unless specified otherwise) 01 01 ARCHITECTS 17528 E. ROWLAND STREET CITY OF INDUSTRY CA 91748 4. COVERAGE PARTS AND SUPPLEMENTS FORMING PART OF THIS POLICY AND INSURING COMPANIES: COVERAGE PARTS AND SUPPLEMENTS INSURING COMPANY Businessowners Coverage Part TIL 5. The COMPLETE POLICY consists of this declarations and all other declarations, and the forms and endorse- ments for which symbol numbers are attached on a separate listing. 6. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions. POLICY POLICY NUMBER INSURING COMPANY DIRECT BILL 7. PREMIUM SUMMARY: Provisional Premium $ Due at Inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY: EALL\MICHAEL J\& COMPANY CGX28 19660 10TH AVE NE Authorized Representative POULSBO WA 98370 DATE: IL TO 25 08 01 (Page 1 of 01) Office: SPECIALIST A&E DOWN TRAVELERS.' One Tower Square, Hartford,Connecticut1 q 06 83 BUSINESSOWNERS COVERAGE PART DECLARATIONS OFFICE PAC POLICY NO.: 680-7676P45A-TIL-13 ISSUE DATE: 01-23-13 INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA POLICY PERIOD: From 03-16-13 to 03-16-14 12:01 A.M. Standard Time at your mailing address. FORM OF BUSINESS: CORPORATION COVERAGES AND LIMITS OF INSURANCE: Insurance applies only to an item for which a "limit" or the word "included" is shown. COMMERCIAL GENERAL LIABILITY COVERAGE OCCURRENCE FORM LIMITS OF INSURANCE General Aggregate (except Products-Completed Operations Limit) $ 4,000,000 Products-Completed Operations Aggregate Limit $ 4,000,000 Personal and Advertising Injury Limit $ 2,000,000 Each Occurrence Limit $ 2,000,000 Damage to Premises Rented to You $ 300,000 Medical Payments Limit (any one person) $ 5,000 BUSINESSOWNERS PROPERTY COVERAGE DEDUCTIBLE AMOUNT: Businessowners Property Coverage: $ 500 per occurrence. Building Glass: $ 500 per occurrence. BUSINESS INCOME/EXTRA EXPENSE LIMIT: Actual loss for 12 consecutive months Period of Restoration-Time Period: Immediately ADDITIONAL COVERAGE: Fine Arts: $ 25,000 Other additional coverages apply and may be changed by an endorsement. Please read the policy. SPECIAL PROVISIONS: COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT MP TO 01 02 05 (Page 1 of 02) 1111 BUSINESSOWNERS PROPERTY COVERAGE PREMISES LOCATION NO. : 01 BUILDING NO. : 01 LIMIT OF INFLATION COVERAGE INSURANCE VALUATION COINSURANCE GUARD BUSINESS PERSONAL PROPERTY $ 10,927 RC* N/A 3.0% *Replacement Cost COVERAGE EXTENSIONS: Accounts Receivable $ 25,000 Valuable Papers $ 25,000 Other coverage extensions apply and may be changed by an endorsement. Please read the policy. MP TO 01 02 05 (Page 2 of 02) 1111 1111 POLICY NUMBER: 680-7676P45A-TIL-13 EFFECTIVE DATE: 03-16-13 ISSUE DATE: 01-23-13 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. * IL TO 25 08 01 RENEWAL CERTIFICATE * MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECS * IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 15 09 07 COMMON POLICY CONDITIONS BUSINESSOWNERS * MP T1 30 02 05 TBL OF CONT-BUSINESSOWNERS COV-DELUXE MP T1 02 02 05 BUSINESSOWNERS PROPERTY COV-SPEC FORM MP T1 05 02 05 AMENDATORY PROVISIONS-OFFICES MP PO 01 09 07 ARCHITECTS,ENGINEERS & SURVEYORS END MP T3 25 01 08 TERRORISM RISK INS ACT OF 2002 NOTICE MP T3 50 11 06 EQUIP BREAKDOWN SERV INTERRUPTION LIM MP T3 56 02 08 AMENDATORY PROVISIONS-GREEN BLD MP T4 90 05 10 LIMIT OF INS/OCCURRENCE ENDT-CALIFORNIA MP T5 08 01 06 CALIFORNIA CHANGES-REPLACEMENT COST COMMERCIAL GENERAL LIABILITY CG D3 15 11 03 BLANKET DESIG LOCATION(S) GENL AGGR LMT CG TO 34 11 03 TABLE OF CONTENTS CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COV FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D3 09 11 03 AMEND ENDT-PRODUCTS-COMPLETED OPR HAZARD CG D3 81 09 07 ADDT INSURED ARCHITECT,ENGINEER,SURVEYOR CG D4 71 02 09 AMEND COVERAGE B - PERS & ADV INJURY CG 21 70 01 08 CAP ON LOSSES-CERTIFIED ACTS-TERRORISM CG DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC CG D3 79 09 07 ARCHITECT,ENGINEER,SURVEYOR XTEND ENDORS CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTION * MP T1 25 11 03 HIRED AUTO AND NON-OWNED AUTO LIAB CG D2 88 11 03 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 01 05 MOBILE EQUIP/EXCL VEHICLES SUB TO MV LAW CG D3 80 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAB CG D4 21 07 08 AMEND CONTRAC LIAB EXCL-EXC TO NAMED INS CG D6 18 10 11 EXCL-VIOLATION OF CONSUMER FIN PROT LAWS CG DO 76 06 93 EXCLUSION-LEAD CG D1 42 01 99 EXCLUSION-DISCRIMINATION CG D2 42 01 02 EXCLUSION WAR CG T4 78 02 90 EXCLUSION-ASBESTOS CG T3 33 11 03 LIMIT WHEN TWO OR MORE POLICIES APPLY CG 32 34 01 05 CALIFORNIA CHANGES * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 1 OF 2 • . , 0 ill III POLICY NUMBER: 6 8 0-7 67 6 P4 5A-TIL-13 EFFECTIVE DATE: 03-16-13 ISSUE DATE: 01-23-13 INTERLINE ENDORSEMENTS IL T3 82 08 06 EXCL OF LOSS DUE TO VIRUS OR BACTERIA IL T3 79 01 08 CAPS ON LOSSES FROM CERT ACTS OF TERROR IL 00 21 09 08 NUCLEAR ENERGY LIAB EXCL END-BROAD FORM IL 01 04 09 07 CALIFORNIA CHANGES * IL 02 70 08 11 CALIFORNIA CHANGES - CANC AND NONRENEWAL * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 2 OF 2 This Declaration Page is attached to and forms part of Certificate provisions(Form SLC-3 USA NMA 2868) Previous No:HPP1727/012 Authority Ref. No: B0146LDUSA1300716 Certificate No: HPP1727/013 1. Name and address of the Assured: Creative Design Associates, Inc. 17528 E. Rowland Street City of Industry, CA 91748 2. Effective from: March 16, 2013 to March 16, 2014 Both days at 12:01 a.m. standard time 3. Insurance is effective with certain UNDERWRITERS AT LLOYD'S, LONDON. As set forth herein 4. Amount Coverage Self Insured Premium US $1,000,000 Combined Aggregate Retention Sub-Limits US $1,000,000 Professional Liability US$5,000 Included Above 5. Forms attached hereto and special conditions: 30% Minimum Premium Earned at Policy Inception Architects/Engineers Professional Liability, Technology Based Services, Technology Products, Computer Network Security, and Multimedia Advertising Liability Insurance Claims Made and Reported Insurance Certificate including any Endorsements attaching hereto 6. Service of Suit may be made upon: STATE TAX $ 181.35 Mendes&Mount, LLP, 12.09 445 South Figueroa Street, STATE FEE $ 38th Floor, Los Angeles, POLICY FEE$ 500.00 CA 90071-1601, FILING FEE $ N/A United States of America 7. In the event of a claim, please notify the following: Michael A. Fleming Mendes&Mount LLP 750 Seventh Avenue New York, NY 10019 U.S.A. Michael.Flem ing@ mender.corn For the attention of: Michael A. Fleming Dated March 7, 2013 By Michael J. Hall &Company Correspondent 24/08/00 NMA2868 DECLARATIONS PAGE FOR LLOYD'S LONDON ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY, TECHNOLOGY BASED SERVICES, TECHNOLOGY PRODUCTS, COMPUTER NETWORK SECURITY,AND MULTIMEDIA ADVERTISING LIABILITY INSURANCE CLAIMS MADE AND REPORTED INSURANCE CERTIFICATE Certificate No: HPP1727/013 Item 1. Named Assured and Mailing Address: Creative Design Associates, Inc. 17528 E. Rowland Street City of Industry, CA 91748 Item 2. Certificate period From: March 16,2013 To: March 16,2014 (both days at 12.01 a.m. Standard Time at the Mailing Address) Item 3. Limit of Liability The total Limit of Liability of the Underwriters, including DAMAGES and CLAIMS EXPENSES, for each CLAIM first made against the ASSURED and reported in writing to the Underwriters during the CERTIFICATE PERIOD shall not exceed: USD$1,000,000 each and every CLAIM The total Limit of Liability of the Underwriters, including DAMAGES and CLAIMS EXPENSES, for all CLAIMS first made against the ASSURED and reported in writing to the Underwriters during the CERTIFICATE PERIOD shall not exceed: USD$1,000,000 aggregate Item 4. Self Insured Retention: The Self-Insured Retention amount shall be separately applicable to each CLAIM first made during the CERTIFICATE PERIOD and shall apply to DAMAGES and CLAIMS EXPENSES USD$5,000 Item 5. Premium: 100%for the Period(plus taxes as applicable) Item 6. Retroactive Date: Full Prior Acts a 0 0, Item 7. Service of Suit upon Underwriters pursuant to Condition XIV may be made upon: Mendes&Mount, LLP, 445 South Figueroa Street, 38th Floor, Los Angeles, CA 90071-1601, United States of America Item 8. Recipient of Notice of Assured's Cancellation. Recipient of Notice of Assured's intention to purchase Extended Reporting Period and premium for Extended Reporting Coverage. Michael J. Hall&Co. 19660 10th Avenue N.E. Poulsbo Washington 98370 U.S.A. For the attention of: Jennifer Campbell Item 9 Recipient of Notice of Assured's CLAIMS or potential CLAIMS as per Clause V. Condition 1(a) and (b)of the Certificate. Michael A. Fleming Mendes&Mount LLP 750 Seventh Avenue New York, NY 10019 U.S.A. Michael.Fleming@mendes.com For the attention of: Michael A. Fleming Item 10 Underwriters hereon: Lloyds Syndicate SJC 2003 with 100% Underwriters Reference: CY7000371661 Proposal Form dated: January 4, 2013 No Claims Declaration dated: February 28, 2013 Dated this 7th day of March,2013